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(영문) 창원지방법원 통영지원 2018.01.17 2017고단1207
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 02:00 on February 2, 2017, the Defendants: (a) on the street in front of the “E” main point located in Sinnam-si around 02:00; (b) on the ground that Defendant F (17 years) was the victim F (the above main point of the victim F) who is the seat of the said Defendants, and was adult, the victim’s face must be left and adult, and (c) Defendant A was drinking at approximately seven times; (d) the victim’s chest part was pushed the victim’s chest; (e) the victim’s chest part was pushed up to the floor; (e) Defendant B was fluened by drinking; and (e) the victim’s chest part was fluened once by hand, and (e) the victim’s chest part was pushed up to the floor, and (e) the victim was pushed up by hand.

As a result, the Defendants jointly assaulted the victim about six weeks of medical treatment, such as inside and breathing, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of the legislation in its opinion;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense; and Article 25 of the same Act concerning the selection of a punishment (the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and community service order;

1. The scope of applicable sentences under Acts: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing).

3. The Defendants, who recognized the instant crime, are against the Defendant’s conviction, and deposited KRW 7 million for the victim; Defendant B did not have any history of criminal punishment; Defendants were minors at the time of the instant crime; and the fact that the Defendants committed contingent crimes was a minor; while the victim’s injury is relatively heavy, consideration should be given to the Defendants under the favorable circumstances; and Article 51 of the Criminal Act provides for other factors, such as the Defendants’ age, sex, environment, motive and background of the crime, and circumstances after the crime.

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